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"The Appliction of Genomic Sciences to Reveal the Invisible Agents of Harm"

by Len van Zyl & Michael Zapata III

Toxic Torts and Environmental Law Compendium

"Each toxic tort and environmental lawsuit is unique. Certain common themes and approaches, however, resonate across cases and demand the careful attention and diligent execution of the litigator and trial attorney to ensure the best-prepared and most effective elicitation and presentation of the relevant medicine and science, and ultimately, the defense of the case. To that end, the Toxic Torts and Environmental Law Committee offers this new compendium, addressing cutting-edge legal and scientific issues and defense trial tactics. In light of the ever-creative efforts of the plaintiffs’ bar to create new and expanded causes of action and pools of defendants in efforts to castigate American business and transfer wealth, coupled with maturing jurisprudence emanating from the trial and appellate courts on the critical issues of causation and liability, the time is more than right to highlight certain important topics that will aid the defense practitioner in defending these cases."

Abstract:
‘Omics and systems biology have led to paradigm shifts in biology and medicine. This success has drawn the attention of the bioprocessing industry where their application is increasingly more prevalent. systems biology uses system-level high dimensional data generated via ‘omics technologies to provide a holistic view of the production cell lines. We discuss how systems biology drives rational process improvement and cell engineering strategies, highlighting seminal studies in prokaryotes and mammalian cell lines that combined multi-‘omics and modeling to provide insights into the behavior of production cell lines. Despite its recognized potential, there are challenges and limitations to overcome to fully implement and realize benefits heralded by systems biology for biomanufacturing: increasing titer, yield, quality, process efficiency and stability.

HarrisMartin’s Benzene Publication highlights a case in which a judge allowed defendants access to tissue samples and for AX to perform genetic testing. One affidavit for the defense motion was provided by Dr. Len van Zyl, AX CEO.

ArrayXpress has again been given permission by the courts to use next generation genomics to help understand the facts in a toxic tort legal case. In this case the plaintiffs claim the decedent developed acute myelogenous leukemia (AML) as a result of exposure to benzene while working in refineries. On September 10, 2014 a Pennsylvania court granted the defendant’s motion that will allow AX to test tissue samples to investigate if the decedent has genetic markers associated with a genetic predisposition to familial AML. Read the full article on GlobalTort.com

During a 2013 case in Louisiana, ArrayXpress provided genomics analysis related to indications of toxicant exposure and subject predisposition to cancer. The defense in this case successfully used this evidence in conjunction with other epidemiological evidence to win the case. It is our understanding that this is the first case in which next generation genomics was used in a toxic tort defense to provide information regarding source of tumorigenesis and familial predisposition.

Len van Zyl and Michael Zapata III from ArrayXpress will be at the Genetics in Civil Law: Litigation, Regulation, Business Opportunies, and Risks Conference in May 2017 at George Washington University. They will present on the real world examples of genomics in tort litigation, effective methods of communication in such cases, and the associated business challenges.

Len van Zyl from ArrayXpress will be presenting with Paige Sensenbrenner of Adams and Reese at the DRI Product Liability Conference, held in Las Vegas, NV. The presentation is titled "Genetics, Genomics, and Epigenomics: Implications for the Courtroom and Beyond" and will cover the application of genomics technologies in product liability cases.

Senior scientific team members from ArrayXpress will be giving a talk at Perrin's Cutting-Edge Issues in Asbestos Litigation Conference. This conference will be held on March 6-7, 2017 at the Beverly Wilshire Hotel in Beverly Hills, CA. The presentation is titled "The Role of DNA in Asbestos Litigation" and will discuss the effects of asbestos and tobacco smoking in lung cancer causation.

Senior scientific team members from ArrayXpress will be giving a talk at Perrin's Cutting-Edge Issues in Asbestos Litigation Conference. This conference will be held on March 14-15, 2016 at the Beverly Wilshire Hotel in Beverly Hills, CA. The presentation is titled "DNA in the Courtroom: The Merger of Science and Medicine" and will cover the applicability of genomic and genetic technologies in toxic tort cases.

Senior scientific team members from ArrayXpress will be giving a talk at HarrisMartin's DNA and Molecular Evidence in Toxic Torts Conference: The Time of Genomics Is Here. This conference will be held on May 1, 2014 at the Charleston Place Hotel in Charleston, S.C. The presentation is titled "The Rapid Evolution of Law With Quantitative Precision Science" and will cover the application of genomic and genetic technologies in toxic tort cases.

The CEO of ArrayXpress, Dr. Len van Zyl, will present a TED style talk titled "The Application of Genomics Sciences to Reveal the Invisible Agents of Harm” at the Defense Research Institute's annual conference on Toxic Torts and Environmental Law, the 26th and 27th of March 2015 in Austin, Texas. Dr. van Zyl will show how genomics and genetic technologies are applied in toxic tort litigation. In some cases, these technologies can indicate whether toxicant exposure and resulting DNA damage did or did not occur. It can also be used to determine genetic susceptibility to a particular disease or disorder through familial inheritance.

Senior scientific team members from ArrayXpress will be participating in the panel discussion "Application of Genomics and Genetic Technologies in Benzene Litigation" at the upcoming HarrisMartin National Benzene Litigation Conference in New Orleans on December 11th and 12th. The panel will explore advantages and limitations in the application of genomics and genetic technologies to benzene litigation. The panel's diverse participants will help to highlight the interplay between the world of science and the litigation process.

ArrayXpress will be manning a booth to meet with current and potential partners and customers. ArrayXpress’ Dr. Len van Zyl CEO, CSO will be giving a workshop presentation on using next generation genomics for bioprocess optimization.

29 Oct 2013, New Orleans, LA @ the W New Orleans Len van Zyl, ArrayXpress’ CEO, will be co-presenting ‘Genetic, Genomic and DNA Evidence: What Substances and What Cancers Can Be the Subject of RNA-Sequencing'